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Dismissal with Prejudice

Definition - What does Dismissal with Prejudice mean?

Dismissed with prejudice is the dismissal of a case which bars the possibility of initiating a new claim for the same action. Dismissal with prejudice is common for civil claims when the judge disputes the integrity of the claim or believes the claim should never have been filed. In a civil case if the judge dismisses the personal injury lawsuit with prejudice the plaintiff is barred from starting another lawsuit based on the same incident.

Making a motion for dismissal with prejudice

A motion to dismiss is a legal request to ask the judge to dismiss the case. It is common for a defendant to file the motion after they receive the plaintiff's complaint. In fact, a motion can be filed instead of filing an answer to the complaint.

Motions to dismiss can be offered if the personal injury case was already settled and paid, if the wrong person was sued, the case has already been heard and settled in another court, the claim was filed in the wrong venue, the court did not have jurisdiction over the case, the complaint was not served properly, or the defendant believes they have an affirmative defense, including that the statute of limitations has passed and the claimant no longer has the right to sue.

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